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14 - LGBT Rights as Human Rights in the United States: Opportunities Lost

Published online by Cambridge University Press:  05 June 2012

Julie Mertus
Affiliation:
American University
Shareen Hertel
Affiliation:
University of Connecticut
Kathryn Libal
Affiliation:
University of Connecticut
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Summary

One night, my family was eating dinner and talking about the new principal at my children's school. My then-nine-year-old daughter had her own concerns. “Do you think he knows we're lesbians?” Lynne wondered. “Oh honey, YOU and Daniel are not lesbians, WE are,” I said, pointing to my partner and myself. The conversation took a strange turn as I fumbled, “Well, you could be a lesbian, there is nothing…errr…wrong with that.” “And so what about me?” five-year-old Daniel chimed in. I couldn't control a chuckle as Lynne admonished him, “Boys can't be lesbians!” “Oh, I remembered that,” Dan responded, with a disappointed tone in his voice, “I just forgot why.”

Lesbian, gay, bisexual, and transgendered (LGBT) people have quietly realized some success in arguing their claims in human rights terms in U.S. courts. Shunning the media, LGBT lawyers fear the public backlash that might occur should the extent of their victories become a matter for broad public comment. Yet even with the voluntary, self-imposed restrictions and the unevenness of advocacy victories, it is hard to deny that LGBT rights have come a long way in the U.S. legal system. But this is only a recent phenomenon; for three decades the movement for LGBT concerns was grounded less in human rights terms (i.e., the belief that all human beings have equal moral worth) and more in terms of participation through liberation rhetoric, displays of self-discovery, self-help strategies against two main threats (i.e., disease and public violence), and political campaigns.

Type
Chapter
Information
Human Rights in the United States
Beyond Exceptionalism
, pp. 274 - 290
Publisher: Cambridge University Press
Print publication year: 2011

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References

Adam, Barry D. 1995. The Rise of a Gay and Lesbian Movement. New York: Twayne.Google Scholar
Bailey, Robert. 1998. “Out and Voting, The Gay, Lesbian and Bisexual Vote in Congressional House Elections, 1990–1996.” The National Gay and Lesbian Task Force. http://www.thetaskforce.org/downloads/outnvoting.pdf.
Bayer, Ronald. 1988. Homosexuality and American Psychiatry: The Politics of Diagnosis. Princeton, NJ: Princeton University Press.Google Scholar
Belkin, Aaron, and Bateman, Geoffrey. 2003. Don't Ask, Don't Tell: Debating the Gay Ban in the Military. Boulder, CO: Lynne Rienner.Google Scholar
Buchanan, Patrick J. 1992. “Republican National Convention Speech.” August 17. http://www.buchanan.org/pa-92–0817-rnc.html.
,Council of Europe. 2010. The Toolkit to Promote and Protect the Enjoyment of Human Rights by Lesbian, Gay, Bisexual and Transgender (LGBT) People. Council of the European Union Working Party on Human Rights. June 8, Brussels.Google Scholar
D'Emilio, John. 1983. Sexual Politics, Sexual Communities. Chicago: Chicago University Press.Google Scholar
D'Emilio, John, and Freedman, Estelle. 1998. Intimate Matters: A History of Sexuality in America. New York: Harper and Row.Google Scholar
Doskow, Emily. 2010. “Same-Sex Marriage: Developments in the Law.” Nolo. http://www.nolo.com/legal-encyclopedia/article-29828.html.
Edgington, Byron. 2010. “Is Gay Marriage a Conservative Issue?” The Lantern. January 24. http://www.thelantern.com/opinion/is-gay-marriage-a-conservative-issue-1.1084438.
Engel, Stephen M. 2001. The Unfinished Revolution: Social Movement Theory and the Gay and Lesbian Movement. Cambridge, UK/New York: Cambridge University Press.CrossRefGoogle Scholar
Fraser, Michael R. 1996. “Identity and Representation as Challenges to Social Movement Theory: A Case Study of Queer Nation.” In Mainstreams and Margins: Cultural Politics in the 1990s, edited by Michael Morgan and Susan Leggett, 32–44. Westport, CT: Greenwood Press.Google Scholar
,GLAAD. 1996. Media Release. New York City. August 7. http://www.uky.edu/StudentOrgs/QueerInfo/glaad.htm.
,Goodridge v. Massachusetts. Dept. of Public Health. 2003. 79 N.E.2d 941.
Herek, G.M. 1991. “Stigma, Prejudice, and Violence Against Lesbians and Gay Men.” In Homosexuality: Research Implications for Public Policy, edited by John C. Gonsiorek and James W. Weinrich, 60–80. Newbury Park, CA: SAGE Publications.Google Scholar
,Human Rights Campaign. 2004. “The Human Rights Campaign Turns 20.” The Human Rights Campaign. http://www.hrc.org/Content/NavigationMenu/About_HRC/HRC_History_Timeline_1980–1989.htm.
Hunter, Nan D. 2000. “Sexuality and Civil Rights: Re-Imagining Anti-Discrimination Laws.” New York Journal of Human Rights 1(17): 565–87.Google Scholar
Ingram, Anne-Marie Bouthillette, and Retter, Yolanda, eds. 1997. Queers in Space: Communities, Public Places, Sites of Resistance. Seattle, WA: Bay Press.Google Scholar
Joyce, Jacqueline. 1993. “Introduction Latent Image.” Latent Image. Emerson College. http://pages.emerson.edu/organizations/fas/latent_image/issues/1993–12/intro.htm.
Letellier, Patrick. 2004. “Groups United in Gay Men's Health Institute.” Gay.com. June 29. http://www.gay.com/news/article.html?2004/06/29/1.
Marech, Rona. 2004. “Activists Consider Ethics, Efficacy of Outing, after Voters Frown on Same-Sex Marriages, Gay Rights Proponents Take Stock of Options.” San Francisco Gate, SFGate.com. November 14. http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/11/14/MNGF69RDS R1.DTL.
Marotta, Toby. 1981. The Politics of Homosexuality. Boston: Houghton Mifflin.Google Scholar
National, Gay and Force, Lesbian Task. 1984. National Anti-Gay/Lesbian Victimization Report. New York: National Gay and Lesbian Task Force.Google Scholar
Rosenblum, Darren. 1994. “Queer Intersectionality and the Failure of Recent Lesbian and Gay ‘Victories.’” Law and Sexuality Review, Lesbian and Gay Legal Issues 4(83): 84–120.Google Scholar
Sherrill, Kenneth. 1996. “The Political Power of Lesbians, Gays and Bisexuals.” PS: Political Science and Politics 29(3): 469–73.Google Scholar
,Slovenia to Legalize Soon Same-Sex Marriage: Minister.” 2009. AFP – July 2. http://www.google.com/hostednews/afp/article/ALeqM5hjrgMMgg5JR4WuLYjqWx5dRrRGOQ.
,SouthAfrica Info.com. 2010. http://www.southafrica.info/about/democracy/constitution.htm.
,U.S. Library of Congress. 1995. Committee Reports, 104th Congress (1995–1996) House Report 104–664. http://www.congress.gov/cgi-bin/cpquery/R?cp104:FLD010:@1(hr664).
,U.S. Library of Congress. 2001. “A Bill to Prohibit Employment Discrimination on the Basis of Sexual Orientation. – July 31. http://thomas.loc.gov/cgi-bin/bdquery/z?d107:SN01284:@@@L&summ2=m&.
Vaid, Urvashi. 1996. Virtual Equality: The Mainstreaming of Gay and Lesbian Politics. New York: Doubleday.Google Scholar
Wilcox, Clyde, and Wolpert, Robin M.. 1996. “President Clinton, Public Opinion and Gays in the Military.” In Gay Rights, Military Wrongs: Political Perspectives on Lesbians and Gays in the Military, edited by Craig A. Rimmerman, 127–46. New York: Garland.Google Scholar
Wilson, Evan. 2010. International Legal Updates: Repealing Don't Ask/Don't Tell, 40. http://www.wcl.american.edu/hrbrief/17/3legal.pdf?rd=1.
Witt, Lynn, Thomas, Sherry, and Marcus, Eric, eds. 1995. Out in All Directions: The Almanac of Gay and Lesbian America. New York: Time Warner Books.Google Scholar
Zeidan, Sami. 2006. “The Limits of Queer Theory in LGBT Litigation and International Human Rights Discourse.” Willamette Journal of International Law and Dispute Resolution 14(73): 1–96.Google Scholar

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